In what has to be one of the most ignorant and bizarre attempts to cover up illegal actions committed by police during a raid, a lawsuit has been filed seeking to squash CCTV video – the same video showing officers stealing and eating marijuana edibles at a marijuana dispensary.
The lawsuit, which was filed by three unidentified Santa Ana police officers, seeks to prevent Internal Affairs from using the video footage as evidence against the same police that took part in the raid.
Sky High Holistic, a marijuana dispensary in Santa Ana, had been the subject of police bullying since they opened shop. To help protect them and their business from the police, they installed a state-of-the-art CCTV system. Unfortunately for Sky High, it didn’t take very long to catch the criminals in the act during another raid.
Moments after initiating the raid, the police sought out and disabled and destroyed security cameras. Fortunately for the shop owners, the inept officers missed at least two cameras that continued to record their illegal actions. The estimated damage to the store, equipment, safes, furniture, and the security system is over $100,000.
The basis for the lawsuit is that the officers involved “didn’t know they were on camera” and thus “shouldn’t be used as evidence”.
Matthew Pappas, Sky High’s attorney, said the claims are baseless, adding that the officers “knew they were on video” and that “Just because they missed one camera doesn’t make it illegal.”
How many times have you entered a business and noticed a sign stating that you are being recorded? Surveillance or security systems, commonly referred to as CCTV, are very affordable and are installed in a majority of businesses. It not only protects the businesses that use them from frivolous lawsuits, but they can also protect you against the police. Let’s hope the Courts rule against these officers. Just because they thought they had destroyed all of the cameras, that shouldn’t be a ‘legal’ defense to their illegal actions.
More detailed information with links Including LA Times accusing Mayor of taking bribes for Dispensary Lottery Here
Three men will go to trial next month after police say they were growing large quantities of marijuana illegally. All are charged with delivering or manufacturing between 5 and 45 kilograms of marijuana, the equivalent of between 20 and 200 plants, as well as a generic charge of delivering or manufacturing marijuana.
The charges were filed following police raids on an alleged marijuana dispensary in Brighton Township and two homes, which authorities say were being used to grow marijuana.
The defendant’s attorneys have also questioned officers involved with the raid whether they were aware if their clients were registered caregivers and/or patients under Michigan’s Medical Marijuana Act, but were told by one DEA agent that didn’t matter as they were operating under a federal search warrant. Federal law doesn’t recognize state efforts to legalize marijuana, whether for medicinal or recreational use. (JK)
A blog article from the Metro Times by Larry Gabriel features a quote by Attorney Michael Kormorn.
Some excerpts from the article…
Last week the Detroit Medz shop on Detroit’s west side was raided for “selling marijuana outside the provisions of the state medical marijuana act,” says Sgt. Cassandra Lewis of the Detroit police media relations department. News reports said police found two guns, 4,100 grams (about 9 pounds) of marijuana, and arrested one person — although Lewis says two individuals were arrested that evening.
Lewis says that there were complaints from the community and that police previously had made undercover buys there, although it’s not clear if those undercover buys were made by people with state cards (or fake ones as has been done in the past) or by folks who just walked in with nothing to show.
So far no charges have been announced.
Tate has had Winfred Blackmon and his Metropolitan Detroit Community Action Coalition (MDCAC) riding his ass for several months regarding dispensaries in the city. I went to a couple of meetings early on and have been receiving Blackmon’s email alerts since then. Early on, it was obvious that MDCAC members didn’t want to see marijuana, medical or otherwise, in their neighborhoods. They have an old-school attitude. Early on, their complaints included the fact that most dispensary locations painted their storefronts green — as if that matters.
MDCAC has been pushing Tate, who represents District 1, to do something about what they call “illegal marijuana provision centers.” They’ve been riding city attorney Butch Hollowell too.
Truthfully, the city has been slow to address the issue. I’ve noticed a distinct tendency to avoid talking about marijuana by city officials while places such as Ann Arbor, Ypsilanti, Lincoln Park, and elsewhere have set up rules regarding dispensaries. Now those cities have not been going through their mayor being indicted and convicted, switching from an at-large to a district city council system, having an emergency manager, and a bankruptcy. However, it would be good from a number of viewpoints to set the rules about dispensaries.
That said, the MDCAC model is not a liberal one. Although over time, as they have come to accept that medical marijuana is not going away, they have lightened up some. Originally, they wanted only one dispensary per council district, which would mean only seven in the entire city. Their current proposal seeks to limit the number of dispensaries and limit their locations to industrial zones, mandates that they cannot be near a church, school, daycare or nursery, and proposes a number of inspections and permits before they can open.
This may be a case of the squeaky wheel getting the oil.
“They chose this very uncivilized manner to try to make an example of this one particular facility,” says Southfield-based attorney Michael Komorn, who heads the Michigan Medical Marijuana Association. “There is no rule prohibiting [a location near a school], no rule. … Maybe that’s something they should think about doing — regulate this in a way that satisfies the community.”
Maybe the Detroit Medz folks were selling to people who aren’t registered patients, but the rest of this seems to be pure political theater.
Larry Gabriel writes the Stir It Up and Higher Ground columns for the Detroit Metro Times.
The Detroit police raided and made arrests at marijuana dispensary in an article in the Detroit Free Press from July 14, 2015.
Detroit police arrested two people and confiscated two firearms and drugs during a raid on a marijuana dispensary Tuesday afternoon.
Police seized 4,100 grams of marijuana (about 9 pounds), and removed 12 edible marijuana foods from the shelves at Detroit Medz, said Sgt. Cassandra Lewis of Detroit police Media Relations.
According to state law, only Michiganders who possess state registry cards can legally use medical marijuana, but at the shop “they were just selling to anybody who walked in,” she said.
Detroit does not have an ordinance regulating dispensaries. Detroit police favor having dispensaries be regulated, “so that it’s safe not just for the customers but also for the community,” Lewis added.
A local ordinance, spelling out what Detroit authorities expect of the city’s dispensaries, would protect legitimate operators and weed out any that are undesirable, added Southfield attorney Michael Komorn, president of the Michigan Medical Marijuana Association.
But without such regulation in place, Tuesday’s raid was ill-advised because Detroit police should focus on violent crime – not dispensaries, Komorn said.
“I can’t speak to this specific location, but there’s a lot of dispensaries operating in Detroit and it’s unfortunate that Detroit’s leaders and citizens seem to be at odds about whether they should be there. Some people still see medical marijuana as just dope,” he said.
“These places are not causing lawlessness and they’re not hurting property values in the city,” Komorn said.
Some law enforcement agencies claim all dispensaries are illegal until the state Legislature passes a law allowing them. State Attorney General Bill Schuette agrees with that assessment.
The city of Detroit is overdue for regulating its fast-spreading dispensaries, said Winfred Blackmon, a community leader in northwest Detroit who is outspoken about medical-marijuana commerce.
